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Frequently Asked Questions About Virginia Certification


Is Certification Required In Virginia?
Certification is not required of mediators in Virginia or in any other state. Anyone can practice mediation without meeting particular qualifications or being licensed or certified. However, in Virginia as in many other states, certification is required by court rule for mediators wishing to be placed on the list of court mediators.


What Is Certification & What Is It Used For?

Certification is a court rule administered by the Supreme Court of Virginia to set the minimum qualifications of mediators wishing to be placed on the court list of mediators. The two primary uses for certification are: 1) to select and limit the mediators eligible to mediate court-ordered cases and 2) as a state-granted credential in a field where there are few recognized credentials.

Certification is the "best" available credential for doing these two things, but it is far from perfect. First, there are relatively few cases being referred by the courts. Of the courts in Northern Virginia, only one- the Fairfax Circuit Court - uses the certification scheme as it was initially conceived - as a list for court litigants to go to to select mediators when they were referred or ordered to mediation. And Fairfax is only referring contested custody cases. Other courts, such as most small claims and general district courts and the Prince William Juvenile and Domestic Relations court (JDR) have a program with a mediation provider that organizes the availability of mediators for the cases that are referred from these courts. Because there are so many more mediators who want to work in these settings than there are cases to mediate, these are limited opportunities. All the other circuit courts and JDR courts do not refer cases for mediation.

Second, certification is used as a credential on mediator resumes and advertisements, but is not designed or intended for this purpose. The "levels" of certification are intended to identify qualified mediators for particular courts and this is a confusing system that is not readily understood by the public or even by the courts. Also, there is no uniform national certification or other qualifications standard, so Virginia Certification has limited utility as a credential.



What Are The Various "Levels" Of Certification?
There are four levels of certification - one for each court case type: General District Court (GDC), Juvenile and Domestic Relations Court (JDR), Circuit Court - Family and Circuit Court - Civil (Non-family). Circuit Civil is more or less an "upgrade" from GDC certification since they both deal with non-family civil court matters and Circuit Family is an "upgrade" of JDR certification since they both deal with family, custody, support and divorce matters.


What Are the Specific Requirements?
All levels of certification require a four-year college degree or sufficient relevant experience, the workshop "Orientation to Virginia Judicial System," the workshop "Mediation Skills and Process" and a certain number of case observations (2) and co-mediations (3-5). In all cases, a specific workshop (a "Role-Play" class) may be substituted for the required observations, but there is no substitution for the co-mediation of cases with a certified mentor-mediator. Also, the co-mediations must be of the appropriate kind for the certification being sought, they must accumulate to a minimum number of hours and there must be at least one agreement drafted. There are additional training and co-mediation requirements for each level. For specific details please see our description of certification requirements or view the official Supreme Court Standards.


What If I have Years of Mediation Experience?
People with prior mediation experience usually do not have to start over with initial training and co-mediation experience. However, this decision is unique to each individual and is made by the Department of Dispute Resolution Services (DRS) at the Supreme Court of Virginia. Typically the DRS will require people with prior experience to co-mediate one or two cases and take the "Orientation to Virginia Judicial System" and "Ethics for Virginia Mediators" workshops. Call the DRS in Richmond at 804-786-6455 to explain your situation and get their response.


Can I "Waive In" From Another State?
There is no way to waive in from another state because there is no uniform standard among the various states. However, the Supreme Court standards for the training of mediators does allow credit for comparable training and experience elsewhere. For addtional information, please see the answer to the previous question about "What if I have years of mediation experience."


Are The Courts Using Certified Mediators?
Thousands of cases are mediated through the courts each year across Virginia. However, there are still relatively few opportunities for people to mediate these cases and, compared to the number of cases filed in court, only a tiny percentage are actually mediated. Most of the cases ordered or referred by court are small claims cases and JDR custody cases and these are usually referred through an on-site mediation program that rotates the mediators interested in serving. Unfortunately, only a very few court programs (one in Northern Virginia) actually refer litigants to the list of certified mediators and asks them to try mediation.


How Much Can A Certified Mediator Earn?
Currently court mediation should be considered quasi-volunteer work. There are a variety of reasons for this: First, the philosophy of the court system in Virginia is that all mediation needs to be provided free of charge to litigants (i.e. they shouldn't have to pay a fee). However, the Virginia legislature provides only a small amount of money to pay mediators that is insufficient to compensate for program development, program management, case management and mediation time. Typically the state will pay $100 or less for the mediation of a case which, including all of the time expended, typically means a rate of return of less than $6.50 per hour. Second, there are more mediators available and interested in mediating these types of cases than there are cases to mediate. The result is that mediators rotate through cases and end up mediating only a few cases per month - not enough to provide a significant financial support for a mediator. For information on creating a viable practice, please see the answer to the question "Where can I sign up to receive cases?


How Can I Sign Up For Certification Classes?
The first step is probably to sign up for the workshop "Mediation Skills and Process." Its both the introductory workshop for all levels of certification as well as the core skills for mediation. Then, just plan on registering for the workshops you need for the level of certification you are seeking. To register, go to our registration information page. To view our schedule of classes, go to our schedule page. To see workshop descriptions, go to our catalog page. And, to find out other information about our training program, please see our general training information page.



Is Certification A Guarantee of Quality?
No. Certification is intended to set a minimum standard to be listed on the court list of certified mediators. The training required for certification is an excellent beginning to the practice of mediation - giving mediators the tools and skills they need to provide effective mediation services. The co-mediation requirements are also excellent but they go only so far. To become a highly skilled mediator, much additional experience needs to be gained. As with all endeavors, quality comes from a variety of factors including training, experience and personal and professional qualities. How each person develops as a mediator is unique to them. Some will become excellent mediators almost immediately after their training because of their prior professional background, for example. Others, in some cases despite their prior professional background, will never excel as a mediator. Both can become certified, so that is not the measure of quality.


Where Can I Get More Information?

Here are three sources of additional information about Virginia Mediator Certification:

  • The NVMS Web Site (see the links on our training page and throughout this FAQ.
  • The NVMS Training Coordinator - 703-993-3724
  • The Department of Dispute Resolution Services - 804-786-6455 / DRS Website